Mark L. Burghardt
PEOPLE

Mark L. Burghardt

Partner
burghardt.mark@dorsey.com

Overview

MARK ADVISES CLIENTS ON NATURAL RESOURCE AND RENEWABLE ENERGY DEVELOPMENT.

Mark is a partner and the chair of the Oil and Gas Industry Group.

Mark focuses on natural resource and renewable energy development. He represents oil and gas, mining, and renewable energy clients to acquire, develop, operate, and finance large-scale energy projects.

Mark has extensive experience representing clients on surface and mineral leasing, wind and solar leasing, land transactions, federal, state, and local permitting, due diligence, and financing. He frequently represents clients on projects involving some combination of federal, state, private, and Indian lands. He has more than a decade of experience coordinating project development with various federal and state agencies.

Mark also represents clients in administrative hearings and litigation related to energy development. He frequently works with and appears before various administrative agencies. He counsels and represents midstream oil and gas and other companies in exercising eminent domain for roads, pipelines, transmission lines, and other facilities. He has litigated ownership and land use disputes in both federal and state court.

Education & Admissions

University of Utah, S. J. Quinney College of Law (Juris Doctorate, 2007)

Utah State University (Biology Major; Chemistry Minor, 2004)

Admissions

  • Utah
  • Wyoming

Languages

  • English, Russian

Experience

Representative Experience

Representative Transactions

  • Represented client in a transaction to divest assets in Colorado, Wyoming, Oklahoma, and New Mexico
  • Represented natural resource client in asset purchase of two rival operators in Utah
  • Represented a utility-scale solar company in the acquisition and development of several projects in Utah
  • Reviewed and updated lease agreements, surface use and damage agreements, rights-of-way, and easements for facilities, roads, pipelines, and wells for several major oil and gas companies
  • Conducted due diligence and drafted transactional documents for acquisition of a 300 MW commercial solar project in Utah
  • Represented the lender in a 500-million-dollar financing of a commercial geothermal project
  • Represented a lender to evaluate and revise transactional documents in financing of distressed oil and gas operator
  • Served as local counsel for a mining company in bankruptcy proceeding and worked with bankruptcy counsel and federal and state agencies to ensure proper maintenance and transfer of assets
  • Drafted the purchase and sale agreement for acquisition oil and gas properties on federal lands in Wyoming
  • Drafted global settlement agreement and represented purchaser in negotiations with the Ute Indian Tribe for the resolution of royalty and lease validity issues for tribal oil and gas leases
  • Advised in the financing and drafted the security agreement and deed of trust for a large tar sands project

Litigation

  • Successfully defended a lawsuit over the scope of a tax sale and defended an appeal at the Utah Supreme Court by overturning existing case law and establishing a new precedent, Jordan v. Jensen, 2017 UT 1
  • Defeated a lawsuit brought by a natural gas producer to gain access under the Mineral Leasing Act to a natural gas pipeline transportation system in a federal unit
  • Obtained a preliminary injunction and judgment for an oil producer against a pipeline operator in a dispute over the use of a natural gas transportation pipeline
  • Represented operator in a successful challenge to IBLA appeal of a bonding decisions
  • Represented several Utah counties in a quiet title action against the federal government to establish public ownership of several thousand roads on federal lands

Other Relevant Experience

  • Advised on federal and state permitting and bonding requirements for natural resource, mining, and renewable energy clients
  • Advised and represented oil and gas producer in meetings with BLM related to compliance with revised Onshore Order No. 3
  • Directed multiple oil and gas companies on the location, permitting, and operations of oil and gas pipelines on federal, state and private lands
  • Developed and maintained relationships with various state and federal agencies, including the BLM (state and field offices), DOGM, BOGM, and SITLA

News & Resources

Select Presentations

  • Co-Speaker, "Alternatives for Managing Financial Distress in the Oil Patch," Rocky Mountain Mineral Law Foundation Virtual Special Institute (2020)
  • Moderated the panel and drafted the paper “Communication and Coordination in Title and Due Diligence Projects” for Rocky Mountain Mineral Law Foundation Special Institute in Westminster, CO (2019)
  • Gave keynote presentation and drafted the paper “The Due Diligence Process and Its Impact on the Deal” at Rocky Mountain Mineral Law Foundation Special Institute on Due Diligence, Westminster, CO (2018)
  • Drafted and presented the paper “Not What You Bargained for: Rights Under Federal Oil and Gas Leases” at the Rocky Mountain Mineral Law Foundation Annual Institute in Santa Fe, NM (2017)
  • Spoke on Operating Agreement Issues at the Annual Meeting of the American Association of Professional Landman, Denver, CO (2017)
  • Authored and presented the paper “Communitization Agreements in the 21st Century” at the Rocky Mountain Mineral Law Foundation Special Institute on Pooling and Unitization (2015)
  • Prepared and presented the “Annual Update” for Energy, Natural Resource & Environmental Law Section of the Utah State Bar (2012, 2013, 2014)
  • Presented to and hosted the delegation from the Chinese Ministry of Land Resources on state and federal regulation of oil and gas development (2014)
  • Author, “The Granting Clause: The Gift That Keeps on Granting” (2014)

Professional & Civic

Professional Achievements

  • Member of and have presented at the annual institute and various special institutes for the Rocky Mountain Mineral Law Foundation
  • Served on the due diligence committee and gave a presentation at the annual meeting of the American Association of Professional Landmen (AAPL)
  • Served as President of the Energy, Natural Resources and Environmental Law Section, Chair
  • American Bar Association, Environmental, Energy, and Resources, and Oil and Gas Sections, Member
  • Federal Bar Association, Member
  • Energy Bar Association, Member
  • Utah Business Magazine, Utah Legal Elite 2013 – 2021

Accolades

  • Listed in Utah Business Magazine Legal Elite, Energy/Natural Resources, 2020-2021
  • Mountain States Super Lawyers®, Energy & Resources, Rising Star, 2011; 2014-2017
Mark L. Burghardt